(ii) the quantity of water authorised to be taken under the authority has been
reduced, or
(iii) a right held under the authority for the taking of water
for any purpose from a river, lake or section of a river has been restricted
or suspended, or
is guilty of an offence and is liable, on conviction:
(f) where
the offence was an offence under paragraph (a), (b), (c) or (d) committed by a
corporation--to a penalty not exceeding 200 penalty units and, in the case of
a continuing offence, to a further penalty not exceeding 20 penalty units for
each day the offence continues,
(g) where the offence was an offence under
paragraph (a), (b), (c) or (d) committed by any other person--to a penalty not
exceeding 100 penalty units and, in the case of a continuing offence, to a
further penalty not exceeding 10 penalty units for each day the offence
continues, or
(h) where the offence was an offence under paragraph (e)--to a
penalty not exceeding 10 penalty units and, in the case of a continuing
offence, to a further penalty not exceeding 1 penalty unit for each day the
offence continues.
(2) In any prosecution under this section against a holder
or former holder of an authority on whose land a work in respect of which the
authority is or was held is situated, proof:
(a) that the work has been used
when the authority is suspended, revoked or cancelled or has expired,
(b)
that any term, limitation or condition to which the authority is subject has
been contravened or has not been complied with,
(c) of failure to comply with
the terms of any notice served by the Ministerial Corporation on that holder
whereby:
(ii) the quantity of water
authorised to be taken under the authority has been reduced, or
(iii) a right
held under the authority for the taking of water for any purpose from a river,
lake or section of a river has been restricted or suspended, or
(d) that
water has been taken from a river or lake by means of a work covered by an
authority before the whole of the works covered by the authority have been
constructed or provided,
shall, in the absence of proof to the contrary, be
evidence that the use, contravention, non-compliance or failure was caused by
that holder or former holder of the authority.
